The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

This section has no associated Policy Notes

2.—(1) The Marketing of Ornamental Plant Propagating Materials Regulations 1999 M1 are amended as follows.S

(2) In regulation 2 (interpretation), in paragraph (1)—

(a)omit the definition of “Directive 2000/29/EC”,

(b)before the definition of “inspector”, insert—

the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;,

(c)after the definition of “the Minister”, insert—

the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M2;.

(3) In regulation 6A (further provisions relating to propagating material of Palmae), in paragraph (4), in the definition of “responsible official body”, for the words from “either the” to the end substitute “ the Scottish Ministers ”.

(4) In regulation 7 (registration), for paragraph (4) substitute—

(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1)..

(5) In regulation 8 (measures to be taken by suppliers), in paragraph (3)—

(a)for the words from “plant pest” to “Order 2005” substitute “ controlled plant pest as defined in regulation 2(1) of the Plant Health Official Controls Regulations ”,

(b)for the words from “article 42” to “plant pests)” substitute “ the EU Plant Health Regulation ”.

(6) In regulation 9 (information on propagating material), in paragraph (2), for “Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”.

(7) In regulation 12 (propagating material produced in third countries), in paragraph (3), for the words from “article 9(1)” to the end substitute “ the EU Plant Health Regulation ”.

Commencement Information

I1Sch. 5 para. 2 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M1S.I. 1999/1801; relevant amending instrument is S.S.I. 2018/284.

M2S.S.I. 2019/[  ].